If you’ve been involved in a road traffic accident that happened because another road user breached the duty of care that they owed you, you could claim. This guide will explain a road user’s duty of care. We will also look at how compensation for these kinds of claims is valued.
If you would like to find out whether you have a valid claim, please contact our advisors. You can:
- Call us on 0800 408 7825
- Use our online contact form
- Use our live chat to speak with someone instantly
Select A Section
- How To Make A Motorcycle Accident Personal Injury Claim
- What Causes Motorcycle Accidents?
- Can I Claim Against An Uninsured Or Untraced Driver?
- Am I Eligible To Make A Motorcycle Accident Personal Injury Claim?
- How Much Compensation Will I Get For A Motorcycle Accident Personal Injury Claim?
- Why Use Public Interest Lawyers No Win No Fee Service?
In order to make a personal injury claim for a motorcycle injury, you need to show that the following three criteria apply:
- You were owed a duty of care
- This duty of care was breached; and
- You were injured as a result of the breach
Road users are expected to conduct themselves in a way that reduces the risk of injury to themselves and others. They should conduct themselves with the standard of attention and care of the average road user.
It used to be that this duty of care was equal amongst all road users. However, recent changes to the Highway Code mean that those vehicles with the greatest chance of causing injury have the greatest responsibility to protect those who are more vulnerable.
If another road user was at fault for the accident and you were the driver, you could claim. However, you could claim against the driver of the motorcycle you were on if you were a passenger and the driver was at fault.
Will The Whiplash Reforms Affect My Claim?
The government made changes to low-value road traffic accident claims in March 2021. The Whiplash Reform Programme means that certain accidents need to be made through an online portal.
These changes apply to claims where the injuries are worth less than £5,000 and the total value of the claim is not higher than £10,000.
These rules only apply to cars, vans, lorries, buses and would not apply to injured people who were riding a motorcycle, those involved in cycling accidents or pedestrians.
There are a number of different ways a motorcycle accident could happen. However, as mentioned, in order for you to make a motorcycle accident personal injury claim, you would need to show that the accident happened because of negligence.
A motorcycle accident could happen in the following ways:
- Vehicle travelling too fast. A vehicle might pull out of a side road too quickly, meaning that you are not able to stop in time to avoid colliding with it.
- Overtaking unsafely. Road users should only overtake when it’s safe to do so and there’s ample space to make the manoeuvre. If they fail to do this, they could collide with the side of a motorcycle that is travelling correctly down the road.
- Rear-end collision. All road users should keep a safe stopping distance between themselves and the vehicle in front. If they fail to do this, and you have to stop abruptly, then this could result in them hitting the back of your vehicle.
- Disobeying road signs. Road signs and markings are there to ensure that everyone can use the road safely. For example, if another driver ignores a “give way” sign, this could cause them to collide with you and knock you off your motorbike.
Although many motorcyclists wear protective equipment to keep them safe on the roads, injuries can still occur. Some of the injuries that could be caused by a motorbike accident include:
- A head injury
- Broken bones, such as a broken foot, broken ankle, broken elbow or broken wrist
- Back injury or neck injury, such as a fractured neck
- Cuts and lacerations
For more information on making a motorcycle accident personal injury claim, speak with an advisor today.
Motorcycle Accident Statistic
Below are some statistics related to motorcycle accidents:
- 285 motorcyclists lost their lives in Britain in 2020.
- 4,429 were seriously injured and 8,890 slightly injured.
- Motorcycle traffic fell by 22% between 2004 and 2020.
- Motorcycle injuries fell each year from 2014 to 2020
- In 2020, motorcycle deaths fell by 15% while traffic fell by 18%.
When you make a compensation claim for injuries sustained in a road traffic accident, the claim is usually made against the at-fault party’s insurance provider. However, you might be wondering what can be done if you’re in an accident with a driver who cannot be traced or a vehicle that is not insured. If this is the case, you may be able to claim through the Motor Insurers’ Bureau
The Motor Insurers Bureau works in partnership with the police, insurers and the DVLA. They aim to get uninsured cars off the roads and compensate people who have been involved in accidents with uninsured or untraced drivers.
If you are involved in an accident with a driver who you cannot trace or who is not insured, speak with our team of advisors today. You could be entitled to make a claim through the MIB for compensation.
In order to make a claim for compensation, as we’ve already mentioned, it’s important that you prove that you were not at fault for the accident in which you were injured. You might want to provide proof to support this.
Some evidence you could provide might include:
- Photographs of the scene of the accident, and of your injuries
- CCTV footage or dashcam footage
- Medical records from seeking medical attention (you might also be invited to an independent medical assessment as part of your claim)
- Witness details so that a statement can be taken
If you’d like information on how to support your claim for compensation, speak with an advisor today. They could connect you with a solicitor to work on your motorcycle accident personal injury claim.
When you make a claim for compensation, you can receive both general and special damages. General damages are the part of your claim that relates to the pain and suffering your injuries have caused you.
A publication called Judicial College Guidelines (JCG) can be used by legal professionals to assist in valuing this head of your claim. This is a publication that lists various injuries and guideline brackets based on previous awards that have been made.
We have included some of these guidelines in the table below.
|(e) Minor brain or head injury- in these cases there will have been minimal brain damage, if any
|£2,070 to £11,980
|(g) Soft tissue pain or fractured ribs causing disability and pain over a number of weeks
|Up to £3,710
|(a) Severe- Often associated with neck injuries and involving damage to the brachial plexus resulting in disability
|£18,020 to £45,070
|(c) Less severe- Where there have been disabilities, but there has been a substantial amount of recovery made, or expected to be made
|£18,020 to £36,770
|(a) Very severe-
Examples of injuries include a transmalleolar fracture, soft-tissue damage ending with deformity and the risk that any future injury to the leg might necessitate a below-knee amputation, ankle fractures with degeneration of the joints from a young age
|£46,980 to £65,420
|Post Traumatic Stress Disorder
|(d) Less Severe- In cases where a full recovery has been made in one to two years and with minor symptoms persisting longer than this
|£3,710 to £7,680
|Injuries Affecting Sight
|(d) Complete Loss in One Eye- The amount of compensation will be based on age, psychiatric consequences, and cosmetic effect.
|£51,460 to £61,690
|Pelvic and hips
|Moderate(i)- Injury to the hip or pelvis, but no disability or great future risk
|£24,950 to £36,770
|(b) Total deafness. The lower end of the bracket will be appropriate where speech is not affected and there is no tinnitus.
|£85,170 to £102,890
|Psychiatric Damage Generally
|(a) In these cases the injured person will experience significant problems with respect to life, education and relationships and the prognosis will be poor.
|£51,460 to £108,620
Special damages are the head of your claim that compensates you for financial losses caused by the accident. This could include:
- Loss of earnings
- Cost of travel to and from medical appointments
- Care costs if you needed to hire help or your family provided gracious care
There are other costs that could be claimed back under special damages. Our advisors could help you assess what you could include in a motorcycle accident personal injury claim- get in touch for more information.
No Win No Fee agreement is a contract that you have with your solicitor. It sets out what needs to happen before you’re asked to pay them.
Essentially, it states that if your case is unsuccessful, you won’t pay any solicitor fees at all. Under a No Win No Fee agreement, you also won’t be required to pay your lawyer upfront or at any point as they’re working on your claim.
If you are awarded compensation, you would pay a success fee to your solicitor. This is capped by law and will be deducted from your compensation amount.
Call today for more information on how to claim or get free legal advice from one of our advisors. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Our contact details are below.
- Call us on 0800 408 7825
- Use our online contact form
- Use our live chat for instant advice to chat instantly for advice
Below we have included some more links you might find useful:
The NHS has guidance on when to call 999
Think! is the government road safety campaign
The Sentencing Council guidelines on failing to stop after, or report, an accident.
If you have more questions about making a motorcycle accident personal injury claim, speak with our team.